CERC | Plea of rehearing rejected where an error could not be established on the face of the record

Central Electricity Regulatory Commission (CERC): The Coram of P.K. Pujari (Chairperson), Dr M.K. Iyer (Member) and I.S. Jha (Member) dismissed a petition filed for the review of an order dated 09-08-2019.

The Review Petitioners stated that the Power Grid Corporation of India Limited (PGCIL) had filed a petition seeking regulatory approval for execution of the transmission system for Solar Energy Zones in Rajasthan where it had estimated a total power transfer of 8900 MW generation from Western Region and initially only 3100 MW related to LTA quantum and PPA had been signed for 1300 MW. It was noted in the impugned order that LTA had been granted for approximately 4000 MW and PPA had been signed for 2000 MW and the Review petitioners were concerned with the adverse financial implication in terms of load flow and transmission charges and requested that there should be some proper mechanism or method to share transmission charges of ISTS assets created for evacuating power from solar rich states. The Commission in the order had taken in consideration the concerns raised for burden but did not consider the problem of transmission charges thus the instant petition.

The Coram while dismissing the petition explained that since the petition was filed on the basis of errors in the order and what constitutes an error apparent on the face of record is a matter to be found in context of the facts of each case and more than a mere error and it must be one which must be manifested on the face of the record thus the parties are not entitled to rehearing of the same issue but the issue can be decided just by a perusal of the records and if it is manifested can be set right by reviewing the order further the Commission had already issued draft Central Electricity Regulatory Commission (Sharing of Inter-State Transmission Charges and Losses) Regulations, 2019 on 31-10-2019. The Review Petitioner is at its liberty to file comments on the same and the Review Petitioner could not establish any error or mistake in the order on the face of the record. [Ajmer Vidyut Vitran Nigam Ltd. v. Power Grid Corpn. of India Ltd., 2019 SCC OnLine CERC 214, decided on 09-12-2019]

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